Office of Public Sector Information
PART 2 continued
(3) The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following—
(a) search for or inspect anything authorised by the court;
(b) make or obtain a copy, photograph or other record of anything so authorised;
(c) remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
(4) The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
(a) hold property;
(b) enter into contracts;
(c) sue and be sued;
(d) employ agents;
(e) execute powers of attorney, deeds or other instruments;
(f) take any other steps the court thinks appropriate.
(5) The court may order any person who has possession of realisable property to give possession of it to the receiver.
(6) The court—
(a) may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
(b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
(7) Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
(a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
(b) section 78 of the Criminal Justice Act 1988 (c. 33);
(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(d) section 27 of the Drug Trafficking Act 1994 (c. 37);
(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
(8) The court must not—
(a) confer the power mentioned in subsection (2)(b) or (c) in respect of property, or
(b) exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
(9) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
(10) Managing or otherwise dealing with property includes—
(a) selling the property or any part of it or interest in it;
(b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
(c) incurring capital expenditure in respect of the property.
(1) This section applies if—
(a) a confiscation order is made, and
(b) the Director is appointed as the enforcement authority for the order under section 34.
(2) But this section does not apply if—
(a) the confiscation order was made by the Court of Appeal, and
(b) when the Crown Court comes to proceed under this section the confiscation order has been satisfied.
(3) If this section applies the Crown Court must make an order for the appointment of a receiver in respect of realisable property.
(4) An order under subsection (3)—
(a) must confer power on the Director to nominate the person who is to be the receiver, and
(b) takes effect when the Director nominates that person.
(5) The Director must not nominate a person under subsection (4) unless at the time he does so the confiscation order—
(a) is not satisfied, and
(b) is not subject to appeal.
(6) A person nominated to be the receiver under subsection (4) may be—
(a) a member of the staff of the Agency;
(b) a person providing services under arrangements made by the Director.
(7) If this section applies section 50 does not apply.
(1) If the court makes an order for the appointment of a receiver under section 52 it may act under this section on the application of the Director.
(2) The court may by order confer on the receiver the following powers in relation to the realisable property—
(a) power to take possession of the property;
(b) power to manage or otherwise deal with the property;
(c) power to realise the property, in such manner as the court may specify;
(d) power to start, carry on or defend any legal proceedings in respect of the property.
(3) The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following—
(a) search for or inspect anything authorised by the court;
(b) make or obtain a copy, photograph or other record of anything so authorised;
(c) remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
(4) The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
(a) hold property;
(b) enter into contracts;
(c) sue and be sued;
(d) employ agents;
(e) execute powers of attorney, deeds or other instruments;
(f) take any other steps the court thinks appropriate.
(5) The court may order any person who has possession of realisable property to give possession of it to the receiver.
(6) The court—
(a) may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
(b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
(7) Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
(a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
(b) section 78 of the Criminal Justice Act 1988 (c. 33);
(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(d) section 27 of the Drug Trafficking Act 1994 (c. 37);
(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
(8) The court must not—
(a) confer the power mentioned in subsection (2)(b) or (c) in respect of property, or
(b) exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
(9) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
(10) Managing or otherwise dealing with property includes—
(a) selling the property or any part of it or interest in it;
(b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
(c) incurring capital expenditure in respect of the property.
(1) This section applies to sums which are in the hands of a receiver appointed under section 50 if they are—
(a) the proceeds of the realisation of property under section 51;
(b) sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.
(2) The sums must be applied as follows—
(a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
(b) second, they must be applied in making any payments directed by the Crown Court;
(c) third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—
(a) among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.
(5) For the purposes of subsections (3) and (4) the property concerned is—
(a) the property represented by the proceeds mentioned in subsection (1)(a);
(b) the sums mentioned in subsection (1)(b).
(6) The receiver applies sums as mentioned in subsection (2)(c) by paying them to the appropriate justices' chief executive on account of the amount payable under the order.
(7) The appropriate justices' chief executive is the one for the magistrates' court responsible for enforcing the confiscation order as if the amount ordered to be paid were a fine.
(1) This section applies if a justices' chief executive receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 54 or otherwise).
(2) The chief executive’s receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows.
(3) First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as—
(a) are payable under this subsection by virtue of section 432, but
(b) are not already paid under section 54(2)(a).
(4) If the justices' chief executive received the sums under section 54 he must next apply them—
(a) first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);
(b) second, in payment of the remuneration and expenses of the receiver appointed under section 50.
(5) If a direction was made under section 13(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the justices' chief executive must next apply the sums in payment of that amount.
(6) If any amount remains after the justices' chief executive makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of section 60 of the Justices of the Peace Act 1997 (c. 25) (application of fines etc) as if it were a fine imposed by a magistrates' court.
(7) Subsection (4) does not apply if the receiver is a member of the staff of the Crown Prosecution Service or of the Commissioners of Customs and Excise; and it is immaterial whether he is a permanent or temporary member or he is on secondment from elsewhere.
(1) This section applies to sums which are in the hands of a receiver appointed under section 52 if they are—
(a) the proceeds of the realisation of property under section 53;
(b) sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.
(2) The sums must be applied as follows—
(a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
(b) second, they must be applied in making any payments directed by the Crown Court;
(c) third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order by being paid to the Director on account of the amount payable under it.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—
(a) among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.
(5) For the purposes of subsections (3) and (4) the property concerned is—
(a) the property represented by the proceeds mentioned in subsection (1)(a);
(b) the sums mentioned in subsection (1)(b).
(1) This section applies if the Director receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 56 or otherwise).
(2) The Director’s receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows.
(3) First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as—
(a) are payable under this subsection by virtue of section 432, but
(b) are not already paid under section 56(2)(a).
(4) If the Director received the sums under section 56 he must next apply them—
(a) first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);
(b) second, in payment of the remuneration and expenses of the receiver appointed under section 52.
(5) If a direction was made under section 13(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the Director must next apply the sums in payment of that amount.
(6) Subsection (4) does not apply if the receiver is a member of the staff of the Agency or a person providing services under arrangements made by the Director.
(1) Subsections (2) to (4) apply if a court makes a restraint order.
(2) No distress may be levied against any realisable property to which the order applies except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(3) If the order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(4) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(5) If a court in which proceedings are pending in respect of any property is satisfied that a restraint order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(6) Before exercising any power conferred by subsection (5), the court must give an opportunity to be heard to—
(a) the applicant for the restraint order, and
(b) any receiver appointed in respect of the property under section 48, 50 or 52.
(1) Subsections (2) to (4) apply if a court makes an order under section 50 appointing a receiver in respect of any realisable property.
(2) No distress may be levied against the property except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(3) If the receiver is appointed in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(4) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(5) If a court in which proceedings are pending in respect of any property is satisfied that an order under section 50 appointing a receiver in respect of the property has been applied for or made, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(6) Before exercising any power conferred by subsection (5), the court must give an opportunity to be heard to—
(a) the prosecutor, and
(b) the receiver (if the order under section 50 has been made).
(1) Subsections (2) to (4) apply if—
(a) the Crown Court has made an order under section 52 for the appointment of a receiver in respect of any realisable property, and
(b) the order has taken effect.
(2) No distress may be levied against the property except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(3) If the order is for the appointment of a receiver in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(4) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(5) If a court (whether the Crown Court or any other court) in which proceedings are pending in respect of any property is satisfied that an order under section 52 for the appointment of a receiver in respect of the property has taken effect, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(6) Before exercising any power conferred by subsection (5), the court must give an opportunity to be heard to—
(a) the Director, and
(b) the receiver.
If a receiver appointed under section 48, 50 or 52—
(a) takes action in relation to property which is not realisable property,
(b) would be entitled to take the action if it were realisable property, and
(c) believes on reasonable grounds that he is entitled to take the action,
he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.
(1) This section applies to a receiver appointed under section 48, 50 or 52.
(2) The receiver may apply to the Crown Court for an order giving directions as to the exercise of his powers.
(3) The following persons may apply to the Crown Court—
(a) any person affected by action taken by the receiver;
(b) any person who may be affected by action the receiver proposes to take.
(4) On an application under this section the court may make such order as it believes is appropriate.
(1) The following persons may apply to the Crown Court to vary or discharge an order made under any of sections 48 to 53—
(a) the receiver;
(b) the person who applied for the order or (if the order was made under section 52 or 53) the Director;
(c) any person affected by the order.
(2) On an application under this section the court—
(a) may discharge the order;
(b) may vary the order.
(3) But in the case of an order under section 48 or 49—
(a) if the condition in section 40 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be);
(b) if the condition which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).
(1) This section applies if—
(a) a receiver stands appointed under section 48 in respect of realisable property (the management receiver), and
(b) the court appoints a receiver under section 50 or makes an order for the appointment of a receiver under section 52.
(2) The court must order the management receiver to transfer to the other receiver all property held by the management receiver by virtue of the powers conferred on him by section 49.
(3) But in a case where the court makes an order under section 52 its order under subsection (2) above does not take effect until the order under section 52 takes effect.
(4) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 49(2)(d).
(5) If the management receiver complies with an order under subsection (2) he is discharged—
(a) from his appointment under section 48;
(b) from any obligation under this Act arising from his appointment.
(6) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.
(1) If on an application for an order under any of sections 48 to 51 or section 53 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(2) If the court makes an order under any of sections 48 to 51 or section 53, the following persons may appeal to the Court of Appeal in respect of the court’s decision—
(a) the person who applied for the order;
(b) any person affected by the order.
(3) If on an application for an order under section 62 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(4) If the court makes an order under section 62, the following persons may appeal to the Court of Appeal in respect of the court’s decision—
(a) the person who applied for the order;
(b) any person affected by the order;
(c) the receiver.
(5) The following persons may appeal to the Court of Appeal against a decision of the court on an application under section 63—
(a) the person who applied for the order in respect of which the application was made or (if the order was made under section 52 or 53) the Director;
(b) any person affected by the court’s decision;
(c) the receiver.
(6) On an appeal under this section the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(1) An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under section 65.
(2) An appeal under this section lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
(3) On an appeal under this section the House of Lords may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
(1) This section applies to money which—
(a) is held by a person, and
(b) is held in an account maintained by him with a bank or a building society.
(2) This section also applies to money which is held by a person and which—
(a) has been seized by a constable under section 19 of the Police and Criminal Evidence Act 1984 (c. 60) (general power of seizure etc), and
(b) is held in an account maintained by a police force with a bank or a building society.
(3) This section also applies to money which is held by a person and which—
(a) has been seized by a customs officer under section 19 of the 1984 Act as applied by order made under section 114(2) of that Act, and
(b) is held in an account maintained by the Commissioners of Customs and Excise with a bank or a building society.
(4) This section applies if the following conditions are satisfied—
(a) a restraint order has effect in relation to money to which this section applies;
(b) a confiscation order is made against the person by whom the money is held;
(c) the Director has not been appointed as the enforcement authority for the confiscation order;
(d) a receiver has not been appointed under section 50 in relation to the money;
(e) any period allowed under section 11 for payment of the amount ordered to be paid under the confiscation order has ended.
(5) In such a case a magistrates' court may order the bank or building society to pay the money to the justices' chief executive for the court on account of the amount payable under the confiscation order.
(6) If a bank or building society fails to comply with an order under subsection (5)—
(a) the magistrates' court may order it to pay an amount not exceeding £5,000, and
(b) for the purposes of the Magistrates' Courts Act 1980 (c. 43) the sum is to be treated as adjudged to be paid by a conviction of the court.
(7) In order to take account of changes in the value of money the Secretary of State may by order substitute another sum for the sum for the time being specified in subsection (6)(a).
(8) For the purposes of this section—
(a) a bank is a deposit-taking business within the meaning of the Banking Act 1987 (c. 22);
(b) “building society” has the same meaning as in the Building Societies Act 1986 (c. 53).
Proceeds of Crime Act 2002